Washington Bar Complaint Defense Lawyer
We represent Washington attorneys facing grievances, investigations, and disciplinary proceedings involving the Washington State Bar Association’s Office of Disciplinary Counsel. Our experienced attorney license defense lawyers help legal professionals evaluate the allegations, develop an appropriate response, protect confidential client information, and defend their professional standing throughout the disciplinary process.
Lawyers are accustomed to protecting other people’s interests. It is very different when the allegations concern your own judgment, ethics, and license to practice law.
A client dispute, trust account issue, communication breakdown, missed deadline, or allegation of a Rules of Professional Conduct violation can lead to a grievance with the Washington State Bar Association. Even when the lawyer believes the allegations are incomplete or unfounded, the response deserves the same care that would be given to a client’s case.
If you have received notice of a grievance or a request for information from the Office of Disciplinary Counsel, please call (206) 407-3300 for a free case evaluation.
Who Handles Lawyer Discipline in Washington?
The Washington Supreme Court has ultimate authority over the regulation and discipline of lawyers admitted to practice in Washington. The Washington State Bar Association administers the lawyer discipline system under authority delegated by the Court.
Within the WSBA, the Office of Disciplinary Counsel reviews, investigates, and prosecutes grievances concerning the ethical conduct of Washington lawyers. The Rules for Enforcement of Lawyer Conduct, commonly called the ELC, govern the disciplinary process, while the Washington Rules of Professional Conduct establish many of the substantive professional obligations that can form the basis of a grievance.
What Happens When Someone Files a WSBA Grievance?
Filing a grievance does not mean that professional misconduct occurred or that formal discipline will follow. Disciplinary counsel reviews allegations of misconduct and may investigate them. As part of that process, disciplinary counsel may request a preliminary written response from the lawyer and may seek additional information or records.
Washington lawyers have an affirmative duty to respond promptly to disciplinary inquiries. WSBA guidance states that if a preliminary written response is requested and is not received within 30 days, disciplinary counsel generally sends another letter providing 10 additional days to respond. Failure to cooperate with a disciplinary investigation can create problems separate from the allegations that prompted the grievance.
An effective response should address the allegations accurately and in context, while accounting for the special rules governing confidential and privileged client information in disciplinary investigations.
Is a WSBA Grievance Confidential?
Generally, information concerning a grievance and investigation that does not fall within the ELC definition of public disciplinary information remains confidential. The ELC contains specific rules governing confidential disciplinary information and the circumstances in which information may be released.
If formal disciplinary proceedings are initiated, the matter can become public. Disciplinary hearings are public, and public disciplinary information may include formal complaints, hearing decisions, Disciplinary Board decisions, Supreme Court decisions and orders, and certain disciplinary sanctions.
This distinction makes the investigative stage particularly important. Resolving a grievance before formal public proceedings may have significant professional and reputational implications for the lawyer involved.
What Can Happen After the Investigation?
Not every investigation ends the same way. Depending on the evidence and circumstances, a grievance may be dismissed, referred for further investigation, addressed through diversion when the requirements for diversion are satisfied, or proceed toward disciplinary action.
A review committee also has authority in appropriate circumstances to issue an admonition. An accepted admonition is disciplinary action and, for admonitions issued on or after January 1, 2014, becomes a permanent part of the lawyer’s disciplinary record.
Less serious matters may qualify for diversion under ELC Title 6. Diversion is designed to address qualifying conduct through a rehabilitative program rather than traditional disciplinary proceedings.
What Discipline Can a Washington Lawyer Face?
The potential consequences depend on the nature of the misconduct, aggravating and mitigating circumstances, prior disciplinary history, and other factors relevant to the proceeding.
Under ELC 13.1, sanctions and remedies can include:
Admonition
Reprimand
Suspension
Disbarment
Restitution
Probation
Limitations on practice
Required continuing legal education
Assessment of costs
Other appropriate requirements
Suspension and disbarment recommendations require final action by the Washington Supreme Court. Public discipline can also carry professional consequences beyond the sanction itself, including potential effects on employment, professional relationships, admission or practice in other jurisdictions, and malpractice insurance.
Is There a Deadline for Filing an Attorney Grievance in Washington?
Washington’s lawyer discipline rules contain an important provision that differs from many other legal proceedings: there is no statute of limitations.
ELC 1.4 expressly provides that no statute of limitation or other time limitation restricts the filing of a grievance or commencement of a proceeding under the Rules for Enforcement of Lawyer Conduct.
That does not mean timing is irrelevant once an investigation begins. A lawyer who receives an inquiry from disciplinary counsel has a duty to respond promptly. Requests for information, subpoenas, formal proceedings, and other stages of the disciplinary process may carry their own procedural requirements and deadlines.
Why Should a Lawyer Consider Counsel Before Responding to ODC?
Representing yourself in a disciplinary investigation presents a different challenge from representing a client. The lawyer is simultaneously the advocate, witness, and subject of the allegations. A response written defensively or too quickly may focus on the wrong issues, provide unnecessary information, or fail to address the professional conduct questions ODC is evaluating.
There are also unusual confidentiality considerations. Under ELC 5.4, Washington’s disciplinary rules specifically address how attorney-client privileged and other confidential client information is handled in response to disciplinary inquiries. Understanding those provisions is important when deciding what information must be provided and how it should be identified and protected.
As attorney license defense lawyers, we can evaluate the grievance from outside the underlying dispute, identify the relevant RPC and ELC provisions, organize the factual record, and help a lawyer provide a focused response.
How Does Seattle Litigation Group Defend Lawyers Facing Discipline?
The earliest stage of a grievance can provide an important opportunity to put the allegations into their proper factual and ethical context. We help attorneys evaluate grievances, prepare responses to disciplinary counsel, address requests for documents and information, and defend matters that proceed beyond the investigative stage.
If formal proceedings follow, our attorneys can represent lawyers through disciplinary hearings and subsequent review proceedings. Attorney discipline is part of our broader professional license defense practice, but lawyer discipline presents its own rules, procedures, and professional considerations that require a defense tailored specifically to the legal profession.
If you have received a grievance or communication from the WSBA Office of Disciplinary Counsel, consider obtaining independent advice before submitting your response.
Call Seattle Litigation Group at (206) 407-3300 to schedule a free case evaluation with an experienced Seattle lawyer license defense attorney.
